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Prenuptial agreements, once seen as “Western imports”, are quietly gaining traction in India. They help couples define asset ownership, financial responsibilities, and contingency plans before marriage. Yet, their legal enforceability remains uncertain because India lacks specific legislation on the subject. Through this blog, you’ll understand what prenups are, how Indian courts view them, what laws and precedents apply, and how to draft one that stands the best legal chance of validity.

By the end, you’ll see why a well-drafted prenup is not about mistrust, it’s about mutual respect and financial transparency.

Prenup in India Explained: What the Law Says About Protecting Your Assets Before Marriage

 Introduction – “If you think prenups are only for Hollywood couples, think again.”

For a long time, prenuptial agreements were seen as a luxury reserved for celebrities and billionaires in the West. But the idea is changing fast. The modern Indian couple often marries later in life, after having built assets, launched startups, or inherited family wealth. When two independent professionals come together, the question isn’t romance versus realism, it’s about being financially aware.

In an era where divorce rates have quietly risen and property disputes between spouses can drag for years, a prenup (short for prenuptial agreement) feels less like a cold contract and more like an act of foresight. It’s not about assuming the worst; it’s about agreeing on fairness if the worst ever comes.

This blog unpacks what Indian law currently says about prenups, how courts interpret them, and how you can make one that reflects your relationship honestly and wisely.

What is a Prenuptial Agreement?

A prenuptial agreement is a contract signed before marriage that defines how assets, liabilities, and financial responsibilities will be handled in the event of separation, divorce, or death.

Globally, such contracts are common and often protect:

• Pre-marital property and inheritance
• Ownership in family businesses or startups
• Liabilities or debts
• Maintenance, alimony, and spousal support
• Child custody and financial arrangements

In India, however, the conversation is newer and more complicated because marriage under most personal laws (like the Hindu Marriage Act, 1955) is seen as a sacrament, not a contract. Yet, the reality of modern marriages, with joint loans, digital assets, and entrepreneurial ventures, is pushing couples to formalise these understandings in writing.

 Legal Status in India

Here comes the tricky part: India has no specific law recognizing prenuptial agreements.

Instead, their enforceability depends on general contract law and personal law principles.

Under the Indian Contract Act, 1872, a prenup is treated like any other contract, it must have:

• Free consent (Section 14)
• Lawful consideration and object (Section 10)
• Not be opposed to public policy (Section 23)

However, the phrase “public policy” has long been a stumbling block. Courts have often viewed prenups, especially under Hindu law, as contrary to Indian social norms. For instance, marriage in Hindu jurisprudence is not contractual but sacred, and any agreement that contemplates divorce or separation can be struck down.

But this isn’t the full story.

Under Muslim personal law, marriage (nikah) is a civil contract, making pre-marital agreements more acceptable, so long as they don’t violate Islamic principles. Similarly, in Goa, where the Portuguese Civil Code still applies, prenups have formal recognition and are part of the marriage registration process.

This patchwork of laws leaves Indian couples in legal ambiguity. Still, recent judicial trends show a slow, cautious shift toward recognizing prenups as evidence of intention, if not as binding contracts.

 What Prenups Can & Cannot Do in India

Let’s set realistic expectations.

What Prenups Can Do:

✔ Record each spouse’s pre-marital assets and debts

✔ Clarify intentions on maintenance or property division

✔ Serve as evidence of mutual understanding during disputes

✔ Offer peace of mind, transparency, and prevent emotional litigation

What They Cannot Do:

✘ Override statutory rights under Section 125 CrPC, Hindu Marriage Act, or Muslim laws

✘ Decide child custody or guardianship (courts retain authority)

✘ Guarantee enforceability like in Western jurisdictions

In essence, a prenup in India is not yet legally bulletproof. But it’s a powerful preventive document, a kind of emotional insurance, that signals maturity and clarity between partners.

5. How to Draft a “Smart” Prenup in India

A “smart prenup” balances legal diligence with emotional sensitivity.

Checklist for drafting one wisely:

1. Full disclosure of both parties’ assets, debts, and income sources.
2. Independent legal advice for each partner to ensure free consent.
3. Fair and reasonable terms, no exploitation or coercion.
4. Avoid clauses that contradict public policy (e.g., total waiver of maintenance).
5. Include mediation or arbitration clauses for future disputes.
6. Register the agreement under the Registration Act, 1908, though not mandatory, it adds credibility.
7. Attach supporting documents: asset statements, business valuations, property records, etc.

It’s best to draft the agreement with professional guidance, law firms and legal-tech platforms like SolvLegal help customize prenups based on your financial and personal circumstances.

Emerging Trends & What Courts Are Saying

While the law is still evolving, the judiciary has started acknowledging prenups in nuanced ways.

In Tekait Mon Mohini Jemadai v. Basanta Kumar Singh[1], the court struck down a prenup restricting a husband’s marital rights as “opposed to public policy.”

But decades later, courts began softening their approach.

In Pran Mohan Das v. Hari Mohan Das[2] (Calcutta HC), the court treated a prenup as evidence of the couple’s intent rather than a void contract.

Likewise, Commissioner of Income Tax v. Mansukhrai More[3] (Calcutta HC) upheld a prenup where a husband had transferred property to a trust for the benefit of his children, observing that such transfers were valid and not against public policy.

The Family Court, Delhi, in Shraddha Gupta v. Sumit Jain[4], went a step further, Justice Hrish Kumar observed that India should make prenups compulsory before marriage, given rising divorce rates.

In Mohd. Khan v. Shahmali[5] (J&K HC), the court upheld a khana damad (live-in son-in-law) arrangement under a prenup, noting that such customs did not violate public policy.

These cases reflect an important trend: Indian courts are no longer outright rejecting prenups. They are willing to examine them through the lens of fairness, consent, and changing societal norms.

Why It Matters to You – Protecting Your Financial Future

Think of a prenup as your “relationship audit.” It forces partners to discuss money, obligations, and future plans, openly and honestly. In modern India, where dual-income households, startups, and inherited family wealth are common, a prenup is a wise precaution, not a pessimistic gesture.

For entrepreneurs, it ensures that business assets remain insulated from personal disputes.

For women professionals, it provides clarity on financial rights and prevents manipulation during divorce proceedings.

For second marriages, it protects children’s inheritance from earlier relationships.

Yes, societal stigma still surrounds prenups, but that’s slowly changing. Ultimately, a prenup is less about trusting less and more about understanding better.

Conclusion

Prenuptial agreements in India still exist in a legal grey area, but their importance in today’s changing world is hard to ignore. They reflect honesty, maturity, and fairness between partners who wish to protect both love and financial stability. While not fully enforceable yet, a prenup serves as a practical tool for transparency and peace of mind, it helps couples discuss difficult topics before they become problems.

As Indian society evolves and mindsets modernize, the law too will gradually adapt to recognize such agreements as part of responsible relationship planning. Until then, couples can treat prenups not as a sign of mistrust, but as a gesture of mutual respect and preparedness.

Protect your love, and protect your future.

If you’re considering a prenuptial agreement, SolvLegal can help you draft and review one that’s fair, compliant, and tailored to your needs.

FAQs

Q1. Is a prenup valid in India?

There’s no specific law recognizing prenups, but under the Contract Act, they can be considered valid if fair, voluntary, and not against public policy.

Q2. What if my partner refuses a prenup?

You cannot force one. The agreement must be entered into with free consent; coercion invalidates it.

Q3. Can a prenup be registered?

Yes. Though not mandatory, registration under the Registration Act, 1908 adds authenticity.

Q4. Will a prenup protect business assets?

Yes, it can document ownership and limit disputes, but courts still have discretion during divorce settlements.

Q5. Does a prenup affect rights to maintenance or alimony?

No. Statutory rights under personal laws and Section 125 CrPC override any private agreement.

Related articles:

1. Divorce in India Made Simple: Mutual vs Contested Divorce. 

2. How To File A Restitution Of Conjugal Rights (RCR) Petition.

About the author: Kunal Singh is a second-year B.Sc. LL.B. (Hons.) student at National Forensic Sciences University, Gandhinagar.

Contributor: Gaurav Saxena is the founder of SolvLegal, where he brings together dual expertise in engineering and law to guide clients through complex corporate and compliance matters. With a strong grounding in the law of contracts, corporate law, intellectual property, IT law and data privacy, he works with startups and established businesses alike to structure agreements, advise on governance and safeguard innovation.

Disclaimer

The information provided in this article is for general educational purposes and does not constitute a legal advice. Readers are encouraged to seek professional counsel before acting on any information herein. SolvLegal and the author disclaim any liability arising from reliance on this content.

[1] MANU/WB/0111/1901

[2] MANU/WB/0583/1924

[3] MANU/WB/0429/1988

[4] MANU/SCOR/29609/2024

[5] MANU/JK/0026/1971